Democrats have successfully defended their majority on the Pennsylvania Supreme Court, with voters retaining three Democratic justices in retention elections that carry significant implications for the 2028 presidential race. The outcome ensures the court’s liberal majority remains intact, potentially influencing future election litigation and redistricting battles.
On November 4, 2025, Pennsylvania voters decided to retain three Democratic justices on the state Supreme Court, preserving the court’s 5-2 liberal majority. Justices Christine Donohue, Kevin Dougherty, and David Wecht were all approved for new 10-year terms in what are known as retention elections, where voters simply vote yes or no on extending their tenures. The elections drew national attention due to the court’s pivotal role in past election disputes and its potential impact on the 2028 presidential contest. Both major parties invested heavily in campaigns, recognizing the high stakes involved in maintaining or shifting the court’s ideological balance.
The three justices, first elected to the court in 2015, faced no opponents but required a majority of “yes” votes to continue serving. Retention elections are typically low-profile, but this race became intensely politicized, with millions of dollars spent on advertising and grassroots efforts. Democrats emphasized the importance of the court in protecting abortion rights and voting access, while Republicans criticized the justices as overly partisan. The outcome means that the Democratic majority, which includes Chief Justice Debra Todd and Justice Daniel McCaffery, will remain in place through the next presidential election cycle.
Maintaining the Democratic majority is crucial because the Pennsylvania Supreme Court has been at the center of key legal battles over elections and redistricting. In recent years, the court has ruled on issues such as gerrymandering, vote-by-mail laws, and abortion rights, often siding with Democratic positions. For instance, in 2018, the court threw out a Republican-drawn congressional map for being unconstitutionally gerrymandered, and in 2020, it upheld Pennsylvania’s expansive mail-in voting law against GOP challenges. These decisions have made the court a focal point in national politics, especially in a swing state like Pennsylvania.
The campaigns surrounding the retention vote were aggressive and well-funded. Democratic Governor Josh Shapiro, a potential 2028 presidential candidate, cut an advertisement supporting the justices, while conservative megadonor Jeff Yass organized an extensive field and advertising campaign through his network. Democrats focused their messaging on abortion rights, warning that a loss of the liberal majority could lead to restrictions similar to those in other states. Republicans, on the other hand, argued that the justices had not protected citizens’ rights and were too aligned with partisan interests.
The court’s composition could have shifted dramatically if even two of the justices had been voted out, potentially giving Republicans a chance to flip the balance in replacement elections in 2027. Such a change would have had significant implications for how the court handles election litigation in 2028, similar to its role in the 2020 and 2024 presidential elections. The retention of all three justices avoids a potential partisan deadlock and ensures continuity on the bench as Pennsylvania prepares for the 2026 gubernatorial race and the 2028 presidential election.
This election also served as an early test for the Pennsylvania Democratic Party under new chairman Eugene DePasquale, who has been working to rebuild after disappointing results in the 2024 cycle. DePasquale had described the retention race as “the most pivotal judicial retention in our state’s history,” highlighting its importance for the party’s future. The successful defense of the court majority provides Democrats with momentum heading into the next election cycles, where control of the governor’s office and the U.S. House will be at stake.
Looking ahead, the Pennsylvania Supreme Court is likely to continue playing a critical role in shaping state and national politics. Its decisions on redistricting, voting laws, and other contentious issues will influence elections for years to come. The retention of the Democratic justices ensures that the court’s liberal leanings will persist, affecting how key battles are adjudicated in one of the country’s most important battleground states. This outcome underscores the growing importance of state courts in national political strategies.